A Wayne County man who faced a felony charge after he allegedly threatened to shoot del Lago Resort & Casino staff has pleaded guilty to a misdemeanor.
Acting District Attorney Mark Sinkiewicz said Scott Furey, 49, pleaded guilty Monday in Seneca County Court to third-degree criminal trespass.
Furey, of Walworth, was accused of making a terroristic threat after he was arrested in January 2018 for sleeping on a couch in the casino’s hotel lobby. Furey was banned from del Lago in 2017, when casino officials accused him of engaging in fraudulent gaming activities.
While being processed at the state police barracks in Waterloo, Sinkiewicz said Furey threatened to get a gun and shoot del Lago staff. Sinkiewicz added that Furey did not base his threat on any particular demand, alcohol was involved and a recent state Supreme Court decision played a role in Furey pleading to a misdemeanor.
Sinkiewicz said the crime of making a terroristic threat has two relevant elements — the defendant must intend to intimidate or influence the population, influence government policy or affected government conduct and he must threaten a specified offense.
The Third Department of state Supreme Court recently ruled that unless there is the intent to influence a population or government, the prosecution lacks sufficient evidence to support the crime. The case, People v. Kaplan, was decided in January 2019.
“Since Mr. Furey failed to express a particular demand or influence the conduct of a unit of government, we could not go forward on the felony charge,” Sinkiewicz said. “Therefore, Mr. Furey was permitted to plea to the second count of the indictment (criminal trespass).”
Furey was sentenced by Acting Seneca County Judge Daniel Doyle to a conditional discharge with 80 hours of community service.
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